Statute of Limitations as a Bar to Extradition

Statutory rule

Under Section 9 no. 2 IRG, extradition is inadmissible if German jurisdiction is also established for the offense and criminal prosecution or the enforcement of a sentence would be time-barred under German law. In EAW proceedings, the statute of limitations remains relevant via Section 9 no. 2 IRG (in conjunction with Section 78(1) IRG): if German jurisdiction is also established for the offense and prosecution or enforcement is time-barred under German law, surrender is inadmissible (implementing the optional ground for refusal under Article 4 no. 4 of Framework Decision 2002/584/JHA).

Relevant point in time

For the calculation, German limitation law under Sections 78 ff. of the Criminal Code (Strafgesetzbuch, StGB) is decisive, not the law of the requesting state. What matters is whether the offense would be time-barred by German standards if it had been committed in Germany. Measures that interrupt the limitation period abroad are generally not taken into account in this regard.

Practical notes

The statute of limitations is frequently overlooked in practice. In cases involving older facts — particularly tax evasion, fraud, or bodily-injury offenses — the German limitation period should always be examined. Only murder (Section 211 StGB) is not subject to a statute of limitations (Section 78(2) StGB); manslaughter, by contrast, becomes time-barred after 20 years (Section 78(3) no. 2 StGB). Care is also required for aggravated offenses, where the limitation period under Section 78(3) StGB is 5, 10, 20, or 30 years depending on the applicable sentencing range.

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